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Digital Business Lawyer

Volume: 18 Issue: 3
(March 2016)


The European Commission published on 29 February the legal texts relating to the EU-US Privacy Shield (‘PS’), which will replace the Safe Harbor for trans-Atlantic data flows; the texts include a draft adequacy decision, explaining the principles that companies certifying need to follow, and the US Government’s enforcement commitments. / read more

The UK’s revised Investigatory Powers Bill was introduced in the House of Commons on 1 March following pre-legislative scrutiny from three Committees that put forward recommendations relating to the draft bill’s lack of clarity, technical feasibility and the need for more evidence to support Internet Connection Records collection. The revised Bill gives effect to the vast majority of recommendations made and provides a table of ‘good reasons’ to explain why certain recommendations were not accepted, states Home Secretary Theresa May in the foreword to the revised Bill. / read more

The Indonesian Ministry of Communication and Informatics announced on 29 February that it intends to issue a regulation in March to require internet-based firms to establish a ‘permanent establishment’ in Indonesia for the purposes of paying tax, or risk an outright ban on offering their services into Indonesia. / read more


Mobile operator Three has signed a deal with Israeli provider Shine to offer adblocking services at network level in the UK and Italy initially. This is the same technology that Caribbean carrier Digicel implemented last year, and Three claims it can block 95% of banner and pop-up ads. / read more

The European Commission has now published the legal texts, including a draft adequacy decision, for the new EU-US Privacy Shield for trans-Atlantic data transfers, following the announcement earlier this year that a deal had been struck between EU and US authorities to replace the Safe Harbor framework. Kolvin Stone and James Drury-Smith of Orrick in London detail the obligations the Privacy Shield will impose on companies who certify under it and analyse the next steps for the fledgling Privacy Shield regime. / read more

The Telecom Regulatory Authority of India (‘TRAI’) recently issued a regulation that prohibits internet service providers (‘ISPs’) from offering data plans to subscribers on the basis of the content accessed. The relevant provision is contained in less than a page, but it has far-reaching ramifications for issues such as net neutrality, access to the internet, innovation and online business models. This new regulation has come in the wake of intense debate on upholding net neutrality and making the internet accessible to all. Since the regulation came into effect, there has been much furore in India and while several stakeholders have voiced their opinion on either side of the debate, the regulator has held firm. In this article, Gowree Gokhale and Rakhi Jindal of Nishith Desai Associates provide impartial analysis of the issues from a legal perspective and examine the potential impact of the regulation. / read more

The US Federal Trade Commission (‘FTC’) issued a report, ‘Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues,’ on 6 January 2016. This report includes analysis of the laws that may pertain to the use of big data by companies, such as the Federal Trade Commission Act (‘FTC Act’) as well as equal opportunity legislation. Mike Nonaka and Andrew Smith of Covington & Burling discuss the report’s findings. / read more

France is set to adopt its Digital Republic Bill, which is especially notable for having been prepared over a period of weeks in public consultation with French citizens. The Bill amends French law across a number of areas, among them data portability, digital rights, and consumer protection. As a result, online companies offering into the French market will face a number of changes. Marc Lempérière, Partner at Almain, describes the Bill and its implications. / read more

Important changes to the EU trade mark (‘TM’) system will be brought into effect under a new Regulation (No. 2015/2424) and will take effect from 23 March 2016. National registries will have until 14 January 2019 to implement the provisions of the new Directive (No. 2015/2436) into their national laws. Steven James of Brown Rudnick LLP outlines the key changes ahead. / read more

On 16 December 2015, the Article 29 Data Protection Working Party (‘WP29’) updated its Opinion 8/2010 on applicable law in light of the landmark decision Costeja v. Google rendered by the Court of Justice of the European Union (‘ECJ’) on 13 May 2014. Carol A.F. Umhoefer and Caroline Chancé, of DLA Piper France, discuss the WP29’s revised Opinion on the applicability of EU data protection laws to non-EU businesses. / read more

About Digital Business Lawyer:

The monthly publication providing authoritative insights and thought leadership on the legal/regulatory issues affecting online business, covering distance selling, contracts, domain names, adblocking, advertising, cloud computing, net neutrality, e-privacy, data protection, cyber crime, the Internet of Things, social media, internet taxation and software / read more

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